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| Brennan v. Ryan, Docket Number: 01-1274,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 1, 2006, Filed
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Overview: In dog bite case where mother and child did not seek to amend complaint, which sounded in negligence, to add claim under Mass. Gen. Laws ch. 140, § 155 asserting strict liability until date when trial began, motion for leave was denied. This constituted unfair surprise that could have undermined opposing counsel's strategic planning.
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| Coben v. BJ's Wholesale Club, Inc., Docket Number: 04-2733 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 1, 2006, Decided
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Overview: Plaintiff's complaint alleging violation of Mass. Gen. Laws ch. 93A, § 9 was dismissed because it was not enough to say that plaintiff was deprived of legally required information, plaintiff had to further show that the deprivation caused him some harm.
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| McCarty v. City of Quincy Zoning Bd. of Appeals, Docket Number: 05-1693,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, May 1, 2006, Filed
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Overview: Approval of a special permit application was vacated and matter was remanded to Quincy Zoning Board of Appeals (ZBA) as ZBA misconstrued first court's order and granted application without exercising discretion. ZBA could not deny permit due to coastal flooding, but all other matters within Quincy, Mass., Zoning By-Law § 17.40.060 were open.
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| Michael Shea Co. v. Sheehan, Docket Number: 04-1455,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, May 1, 2006, Filed
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Overview: Summary judgment was entered for loan servicer as loan modification agreement between mortgagors and assignee of mortgagee was authorized by Mass. Gen. Laws ch. 183, § 63A, but as judgment creditor's consent was not obtained, assignee's priority over judgment creditor extended only up to original indebtedness plus three monthly payments.
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| Commonwealth v. Santos, Docket Number: 05-1179,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 2, 2006, Filed
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Overview: Motion to suppress was denied under Fourth Amendment as police were authorized to enter home in community caretaking function and defendant was found hiding in cellar during proper protective sweep of premises. As defendant was not allowed on property, he was properly arrested for trespassing, which allowed search of him incident to arrest.
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| Eigerman v. Putnam Invs., Inc., No. 05-P-574,
APPEALS COURT OF MASSACHUSETTS, May 2, 2006, Decided
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Overview: Trial court erred in dismissing complaint under Mass. R. Civ. P. 12(b)(6) as complaint stated claim for breach of contract as timing and context of chief executive officer's memo and statements that employer's equity was awarded as "long-term incentive vehicle" permitted inference that memo unfairly deterred employee from tendering shares.
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| Hoberg v. Dep't of Soc. Servs., Docket Number: MICV2003-04338-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 2, 2006, Decided
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Overview: Mother's appeal of an agency's finding that she abused and neglected her daughter pursuant to Mass. Gen. Laws ch. 119, §§ 51A and 51B was supported by the evidence, as the mother admitted that she held the daughter by her neck in an attempt to restrain her, and it was not necessary to find bruising or other evidence of physical abuse.
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| Picciotto v. Chief Justice, SJC-09493,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 2, 2006, Decided
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Overview: Because the litigants failed to show why a special assignment of a judge to an underlying case was not otherwise reviewable by motion or by appeal, the single justice properly denied their petition for certiorari relief under Mass. Gen. Laws ch. 249, § 4.
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| Vespers Realty Advisors, Inc. v. Binswanger Mgmt. Corp., Docket Number: 04-4245 BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 2, 2006, Filed
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Overview: Because a realty company could not waive its right to an impartial arbitrator, and even if there were circumstances that would permit a court to enforce the parties' agreement to be bound by the decision of a partial arbitrator, those circumstances were not present, the arbitration award was vacated pursuant to Mass. Gen. Laws. ch. 251, § 12.
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| Wright v. Ficco, Docket Number: 2003-04212-F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 2, 2006, Decided , May 2, 2006, Filed
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Overview: As the basis of plaintiff inmate's certiorari complaint had already been addressed (the guilty findings in the disciplinary report had been expunged), defendants' motion to dismiss the inmate's complaint to the extent that it challenged the guilty findings in the disciplinary report was allowed.
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